What the courts do
Civil actions
Civil actions are taken by individuals against other individuals or organisations. The State generally has no part to play in such cases.
These kinds of cases include personal injury claims as a result of road traffic accidents, breach of contract actions and disputes over rights of way or planning permission.
The purpose of a civil claim is most often to seek compensation or to recover money owed.
Criminal prosecutions
Criminal prosecutions are handled by the State, usually through the Director of Public Prosecutions. They deal with things considered illegal, such as murder, rape, theft and robbery.
The aim of the criminal law is to punish, usually through a jail sentence or a fine.
Minor cases, such as personal injury actions or traffic offences, are decided by a judge sitting on his/her own. However, all serious criminal offences (and some civil cases, such as libel and defamation) are tried by a judge and jury. In these cases, the judge will guide the jury on legal matters while the jury must decide the facts and return their verdict.
How the courts work
In Ireland, there are five distinct types of court, which operate in a hierarchy, starting with the District Court, Circuit Court, High Court, Court of Appeal and Supreme Court. Each court deals with specific types of cases.
Depending if the matter is civil or criminal, the Central/Special criminal court or the High Court are the third degree of justice
District Court
The District Court is organised on a local basis throughout the country. It deals with civil actions where compensation claimed does not exceed €15,000.
It also handles liquor licensing cases and a wide range of family law cases, including custody and maintenance of children and applications for barring orders.
The District Court also deals with criminal matters such as drunk driving, speeding, assault, criminal damage and the initial hearings of serious offences to be tried in the higher courts.
A judge sitting alone deals with these cases. Consumers can use the small claims procedure in the District Court to recover sums up to €2,000.
Circuit Court
The Circuit Court is organised on a regional basis.
In criminal matters, the Circuit Court sits with a judge and jury and can deal with all except the most serious offences such as murder and rape.
The District Court also deals with criminal matters such as drunk driving, speeding, assault, criminal damage and the initial hearings of serious offences to be tried in the higher courts.
The Circuit Court also hears appeals from the District Court in civil and criminal matters.
Central/ Special Criminal Court (criminal matters) and High Court (civil matters)
The The Central Criminal Court - criminal matters
When the High Court is dealing with criminal cases, it is known as the Central Criminal Court. It tries the most serious criminal offences, such as murder and rape, which the Circuit Court cannot deal with. A judge and jury try these cases. Until recently the Court sat only in Dublin. In recent times the Court has travelled to a number of other venues including Cork, Limerick, Sligo, Waterford, Naas and Castlebar.
The Special Criminal Court - criminal matters
The Special Criminal Court consists of three judges sitting without a jury and mostly deals with criminal charges involving terrorist organisations, and more recently, charges relating to organised drug activities. The court was established by the Government to hear cases that the ordinary courts might be unable to deal with, because of fears of the possibility of jury intimidation. It’s establishment was provided for by The Offences Against the State Act 1939.
High Court - civil matters
The High Court is based in Dublin and has the power to hear all criminal and civil matters (including family law cases) but usually hears only those cases that cannot be dealt with by the lower courts.
This means that in civil actions it hears cases where the claim exceeds €38,000.
It also hears appeals from the Circuit Court in civil matters and can give rulings on questions of law raised in the District Court.
Court of Appeal
The Court of Appeal hears appeals in civil cases from the High Court.
It can also give rulings on questions of law raised in the Circuit Court.
Supreme Court
The Supreme Court is the highest court in Ireland. It hears appeals from the Court of Appeal and the High Court in the limited circumstances set out in the Constitution.
Under Article 26 of the Irish Constitution, the President of Ireland may refer any Bill passed by the Oireachtas to the Supreme Court to decide whether it is unconstitutional.
Other courts in Ireland
Children court
The District Court can try a child or a young person for any offence except homicide. In Cork, Limerick and Waterford the Children Court of the District Court deals with charges against children under 16 years of age except where the charges are very serious or where the judge thinks there are special circumstances. The Children Court is held in the courtrooms where the ordinary sittings of the District Court are held. In Dublin there is a separate Children Court which sits every working day. At other venues charges against children are heard in a different area to the ordinary sittings, or on different days or times and is called a Juvenile Court.
Drug treatment court
The Drug Treatment Court is a specialised court in Dublin city that aims to treat, rather than imprison, drug addicts. This Court deals with non-violent offenders whose offending behaviour is motivated by their addiction rather than for financial gain. The aim of the programme is to provide long term court supervised treatment for offenders who are involved in drug abuse. The central principle is that by dealing with the reason for the offending that is, the addiction, the need to offend is removed.
